Law:

Section:

Specific Relief Act (I of 1877)--S.12---Qanun-e-Shahadat (10 of 1984), Art.33---Arbitration Act (X of 1940), S.14---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration and possession was dismissed---Parties during pendency of appeal before Additional District and Sessions Judge made statement to the effect that matter be referred to District Judge for decision as a Referee---District Judge gave his decision and also appeared in the Court and got recorded his statement on oath---Parties accepted the same and appeal was disposed of in terms of decision of Referee---Defendant being not satisfied with decision of District Judge filed appeal before High Court which was dismissed--- Validity---Leave to appeal was granted to examine the contention, as to whether statement made by the Referee would be considered as an information made under Art.33, Qanun-e-Shahadat, 1984 or in view of his statement which he got recorded in the Court same would be treated as an arbitration award in view of Supreme Court decision in Ghulam Farid Khan v. Muhammad Hanif Khan 1990 -SCMR 763. Ghulam Farid Khan v. Muhammad Hanif Khan 1990 SCMR 763 ref. Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court and Syed Abdul Aasim Jafri, Advocate-on-Record (absent) for Petitioner. Nemo for Respondent. Date of hearing: 22nd February, 2000. ORDER IFTIKHAR MUHAMMAD CHAUDHARY, J.------This petition has been filed for leave to appeal against judgment, dated-6th December, 1999 in R. S. A. No. 15 of ,1995 passed by. Lahore High Court, whereby appeal instituted by petitioner has been dismissed. 2. Precisely stating facts of the case are that Muhammad Sharif son of Sardar filed a suit against petitioner (defendant) Ghulam Rasool for declaration and possession. The trial Court after conducting proceedings dismissed the suit on 27-2-1991. The respondent filed appeal in the Court of District Judge from where it was…

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